Chapter 18.165


18.165.010    Requirements for variance.

18.165.010 Requirements for variance.

(A) A person desiring a variance from the requirements of this title must file a petition with the Board of Zoning Appeals describing the property that is the subject of the variance, the type of variance required, the facts pertinent to the variance desired, and a site plan as defined in EMC 18.170.010.

(B) Following the public hearing on the variance, the Board of Zoning Appeals must either grant or deny the petition. No variance may be granted except on a finding of all the following factors:

(1) The approval will not be injurious to the public health, safety, morals, and general welfare of the community.

(2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner.

(3) The strict application of the terms of this title will result in practical difficulties in the use of the property.

(4) The variance is not a variance of the use of the property.

(5) The petitioner’s property is not located in a planned unit development.

(6) The need for the variance is not created by the applicant.

(C) The Board of Zoning Appeals may not grant a variance from a use district or classification. The grant of a variance is by resolution of the Board of Zoning Appeals and is not an amendment of this title.

(D) The board may incorporate into the granting of a variance whatever conditions or limitations are necessary to protect adjacent properties and the surrounding neighborhood and effectuate the purpose of this title. [Ord. G-89-17, passed 5-24-89; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 30, § 4; 1982 Code § 153.164; 1983 Code § 15.153.164.]